ravi (Eng) 04 November 2016

Service of rcr / divorce notice

Hi,

I have filed an RCR case 2 years ago.

My Lawyer sent 1st summons / notice to my wife through registered post. She herself received it and also signed the delivery receipt.

She did not appear in court for 4-5 dates. After that, when we asked the court a permission for ex-parte processing, Hon'ble judge said the service of summons through post is invalid and must be done through bailiff.

By that time, when we sent the reissued summons through bailiff, my wife & family changed their house, as they were living in rented house. Bailiff sent the summons back mentioning respondent / family does not live there anymore.

Now, we don't have her new address. Her relatives and neighbours are also saying or pretending that they too don't have their new address.

In this situation,

- what shall I do?

- can this case go for ex-parte?

- should the summons be sent to her relatives?

- I got to know that she is doing further studies and living in hostel. I have confirmed it. Shall I send the summons to hostel address? What if she / hostel does not take the delivery?

- what other alternatives are there?

- Can police / Mahila Takrar Nivaran Kendra help me for this?

I have wasted my 2.5 years in this matter and there is zero progress. All this is just wasting my years & life. I am really frustrated now. Please, guide me.

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5 Replies

(Guest)

There are a lot of ways in which you can know the present address of someone. if you can then either yourself or through a private detective get the latest address of your wife and then serve the summons there itself. you can request court to issue dasti summon so that you may accompany the bailiff. You may also file an application of substituted service through newspaaper publication. After that you may apply exparte.

Regards,
Rit Arora
Advocate
7838737001

sai narayana 04 November 2016

I received my divorce case and maintenance case summons through register post only.

If you can't relocate or service the summons through post or baliff, then opt for paper publication and then proceed exparte if she didn't appears. Do the things fast without any further delay.

ravi (Eng) 04 November 2016

Thank you very much all for your replies!

@Ramesh Singh: She is not interested in marriage or leaving together, but she just wants money. She has filed maintenence and property claim cases against me.

Also I want to confirm:

if the service of summons through Registered Post (India Post) really INVALID? because that was the last step we reached her successfully.
Can we argue on this in court?
What about serving the summons to her hostel address?
Would it be accepted, if her college / hostel staff receives the summons that bailiff is going to deliver? (As I don't think bailiff would be allowed to meet her in college / girls hostel).
Also, can we convert this RCR case to divorce?
As she is not ready to come back, would be beneficial to convert this case into divorce case?
What would it require to convert the case to divorce? I mean any legal hurdles in this?
Can we convert RCR case on any day OR only on RCR case's date?

(Guest)

Your questions are inconsequential to the case at hand. Follow advise given above.. Don't use ur head.

Ms.Usha Kapoor (CEO) 15 November 2016

You oppose RCR which eventually leads t divorce. Forget this entire episode as a sort of nighmare nd start new life. If you are educated you can fnd a job. You can even go for higher studies. I think all your family members are with you in whatever decsion you take.If you appreciate this answer please convey your thnaks by clicking thanks.Till you stand onyour own legs your estranged husbnd's maintenance would be of some help to you.